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^a. AN ACT 



IN REGARD TO THE 



Completion, Improvement and Management 



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AND TO PROVIDE 



A MORE EFFICIENT REMEDY FOR THE COLLECTION OF 
DELINQUENT ASSESSMENTS. 



APPROVED MAY 8, 1873 



CHICAGO: 
KNIGHT & LEONAKD, LETTER-PKESS PRINTERS. 

" 1873. 



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AN ACT 



IN REGARD TO THE COMPLETION, IMPROVEMENT AND MANAGE- 
MENT OF PUBLIC PARKS AND BOULEVARDS, AND TO PRO- 
VIDE A MORE EFFICIENT REMEDY FOR THE COL- 
LECTION OF DELINQUENT ASSESSMENTS. 



Section 1. Be it enacted by the Feopk of the State of Illinois^ 
rejwesented in the General Assemhly, That in 2a\y town which is 
now inchided within the limits of any city in this state, in which a 
board of park connnissioners shall noM' exist, having anthority by 
law to acquire land and the appurtenances in trust for the inhabit- 
ants of such town, and of a division or part of such cit}', and for 
such parties or persons as may succeed to the rights of such inhab- 
itants and for the public as public promenade and pleasure-grounds 
and ways, but not for any other use or purpose, without the consent 
of a majority by frontage of the owners of the property' fronting 
the same, and w^ithout the power to sell, alienate, mortgage or 
encumber the same, the corporate authorities of such town shall 
have the power to levy and collect annually a tax not exceeding- 
three mills on the dollar of the taxable property in such town, 
according to the valuation of the same as made for the purposes of 
state and county taxation, to be used and expended by such park 
commissioners in governing, maintaining and improving such parks 
and boulevards or pleasure-ways, and paying other necessary and 
incidental expenses incurred in and about the management of such 
parks and boulevards. 

Section 2. Such board of park commissioners shall annually, on 
or before the first day of August in each year, transmit to the cor- 
porate authorities of such town an estimate in writing of the rate or 
percentage of tax necessary to raise money suflicient to pa}^ the cost 
of governing, maintaining and improving such parks and boulevards, 



and the other necessary and incidental expenses to be incurred in 
and about the manat^-ement of such parks and boulevards during the 
next succeeding year : and the corporate authorities of such town, if 
they or a majority ot them decide to levy such tax, shall immediately 
certifv to the county clerk of the county in which such town shall 
be located the rate of |)ercentage of tax by them levied for the pur- 
poses herein provided; and it shall be and is hereby made the duty 
of the county clerk to whom such estimate shall be furnished, to set 
down in the general tax warrant of the year foi' the collection of 
state and county taxes, in a sepai'ate column, to l)e styled a " Park 
Tax," a tax in amount ecpial to the sum resulting from the rate or 
percentage so levied by said town officers upon the real and personal 
property within such town, according to the assessment-roll as 
returned for the purposes of state and county taxation next preced- 
ing: the estimate herein authorized, and shall set down in each 
column the amount of tax chargeable to the several persons, corpo- 
rations, lots or parcels of land liable for taxes in such tow^n according 
to such rate or percentage, and the collector shall proceed to collect 
the same in such manner as is now or may hereafter be provided by 
law for the collection of state and county taxes, and provisions of 
law in respect to collection of state and county taxes, and proceed- 
ings to enforce the same, whicli are now in force, or which may be 
hereafter enacted, so far as applicable, shall apply to said taxes ; and 
as fast as such tax shall l)e collected by the collector, or other officer 
receiving the same, it shall be paid over to such l)oard of park com- 
missioners, on the joint receipt of the president and treasurer of 
such commissioners, or such other officer of such lioard of commis- 
sioners as they n:iay appoint to recei'S'e the same. 

Section 3. In case such board of park commissioners shall desire 
to improve any boulevard or pleasure-way under their control, or any 
part thereof, or if such commissioners shall deem it necessary for 
drainage purposes to construct a sewev or sewers through any lands 
or streets not under their control, to connect with any natural or 
artificial outlet, they shall make plans and specifications for such 
contemplated improvement ; in case such contemplated improvement 
is the construction of a sewer, they shall carefully designate the line 
thereof^ and shall prepare estimates of the cost of such contemplated 
improvement, and transmit such plans, specifications and estimates 



34 OCT 1905 
D. otD, 



to the corporate authorities of the town where such iniprov^eiuent 
will be situated. Such corporate authorities may, upon the receipt 
of such plans, specifications and estimates, at their next meeting, 
whether the same be a regular or special meeting, or at any suc- 
ceeding meeting, or at a special meeting called for that purpose, 
determine by ordinance, to be entered upon the records of such 
town, whether such improvement shall be made or not. If they 
shall determine to make the same, they shall also prescribe that the 
same shall be made by special assessment or special taxation of con- 
tiguous property. 

Provided, That the tax authorized by section one of this act shall 
not exceed the sum of one hundred thousand dollars annually. If 
such ordinance shall provide that such improvement shall be wholly 
or in part made by special assessments, they shall direct the super- 
visor of such town to file a petition in the name of the town, in the 
county court of his county, for proceedings to assess the cost of such 
improvement ; such petition shall recite the ordinance for the pro- 
posed improvement and the plans, specifications and estimates of the 
cost thereof, and pray that the cost thereof may be assessed in the 
manner prescribed by law. The jjroceedings to levy and cbllect such 
assessment subsequent to the tiling of such petition, shall in all things, 
as near as may be, conform to the provisions of article nine (9) of 
an act of the o-eneral assemblv of this state entitled " An act to 
provide for the incorporation of cities and villages," approved 
April 10, 18T2, and all of the provisions of said article nine, so far 
as applicable, shall be in force and apply to any assessment made 
under this act. The clerk of such town shall perform the duties and 
possess the powers which are conferred upon tlie clerks of cities and 
villages under said article nine. 

Provided^ That no improvement or sewer shall be made or con- 
structed under the provisions of this section except upon the petition 
of the owners of a majority of the land fronting on the proposed 
improvement or sewer. 

Provided^ further, That no sewer shall be constructed under this 
act, through any streets belonging to any incorporated city, or to 
connect with an}^ sewers within any such city, unless the assent of 
the common council or board of public works of such city having 
control of the streets and sewers of such city shall be first obtaine(|, 
thereto. 



6 

Spxtion 4. Be it further enacted^ That the town supervisor, clerk 
and assessor of such town be and they are hereby designated and 
constituted the corporate authorities of such town, and they or a 
majority of them, may levy the tax or any of the assessments herein 
authorized, in the manner and for the purposes herein provided, ex- 
cept in towns or villages which may have or which shall hereafter 
become organized as a town or village under any law of this state, 
in which case the board of trustees of such town so organized as a 
village may levy the tax or any of the assessments herein authorized 
in the manner and for the purposes herein authorized. 

Se(^ti()n 5. In case any sewer or sewers located as designated in 
the foregoing section shall be located in part in two or more towns, 
such commissioners shall make estimate of the cost of the portion of 
such sewer or sewers lying within each town separately, and shall 
transmit to the proper town the cost of such sewer <^r sewers lying 
and being in such town. 

Section 6. Such sewer or sewers shall be so constructed as to per- 
mit owners of property on the line of the same to connect private 
drains or sewers therewith, under such rules and regulations as the 
board of public works or other proper authority of the city or town 
may prescribe, and the same shall be constructed as near as can be in 
conformity to any general plan of sewerage in use in such town. 

Section T. In case of the construction of any sewer or sewers 
under the provisions of this act, over or through any lands not under 
the control of such board of park commissioners, if the consent of 
the owner of the same can not be obtained, the proceedings to acquire 
the right of way, and for making just compensation therefor, shall 
be in accordance with the provisions of said article nine (9) referred 
to in section three (3) in this act. The petition therein provided for 
shall be filed in the name of the town, and the proceedings shall in 
all things, as near as may be, conform to the provisions of said 
article nine, and all of the provisions of said article, so far as appli- 
cable, shall apply to and be in force in proceedings under this act. 

Section 8. If any assessment or assessments made by assessors 
appointed by the circuit court, upon the application of such board of 
park commissioners, shall, for any cause, fail to be collected, in whole 
or in part, such commissioners may, at any time w^ithin live years 
after the conhrmation of such assessment or assessments, file a peti- 



tion in the county court of their county, setting forth brietly the 
nature of the improvement or purpose for which such assessment or 
assessments were made, and the total cost of such improvement, the 
gross amount of such assessment or assessments, a description of the 
real estate, lots or parcels of land upon which such assessment or 
assessments remain unpaid, the amount as assessed against each piece 
or parcel of land so remaining unpaid, the date of conlirmation of 
such assessment or assessments, and the name or names of the per- 
son or persons filing objections for such lots or parcels of land at the 
time of such confirmation, or at any other time during the proceed- 
ings had to collect such assessment or assessments, if known to such 
commissioners, and the names of persons who are interested in such 
lots or parcels of land, as purchasers or otherwise, as shown by the 
records of the county, or by an abstract of sucli records, praying the 
court to summon such person or persons into court to answer such 
petition, and to receive, stand liy and alude such order as the court 
shall make in the premises. 

Provided^ That any failure to procure the names of all the [)er- 
sons interested in such lots shall not hinder or delay tlie proceedings 
hereby authorized against those who are made parties. Upon filing- 
such petition the clerk shall issue a summons directed to the sheriff 
of the county where such person or persons, or any or either of 
them, shall reside or be found, which shall be served in the same 
manner as writs in chancery ; and in case any such person or persons 
so named in such summons cannot be found, or reside out of this 
state, or shall absent himself or herself from this state, so that sum- 
mons cannot be served, it shall be lawful, upon filing an affidavit of 
such fact, to cause notice to such person or persons to be published 
and served as in chancery proceedings, which notice shall be held 
and construed in all courts and proceedings as sufficient service upon 
such person or persons. The hearing of such petition and the 
determining; of the matters therein alleoed shall have and take pre- 
cedence over all other cases upon the dockets of such court, and such 
court shall at once (unless good cause for delay be shown) proceed 
to hear and determine the allegations in such petition contained. 
The said commissioners may introduce any evidence which shall 
tend to establish the allegations in such petition contained. 

Prmnded^ That the original or a certified copy of the original 



assessment roll, or so innch thereof as refers to the special assass- 
meut sought to be recovered, shall be prima facie evidence of the 
right of such ]:)etitioncrs to judgment according to the prayer of such 
petition. 

If either party shall demand that the matters in such petition 
shall be tried by a jury, the court shall order a jury to he empan- 
eled as in cases at law. and such jury, under the direction of the 
court, or in case neithei- party shall demand a jury, the court shall 
hear such proofs and witnesses as the respective parties may offer, 
and shall determine all questions of fact which shall be involved in 
the proceedings, and may, upon such trial, ascertain and find the 
sum or amount which each piece or parcel of laud upon which such 
assessment or assessments remain unpaid ought fairly and ecpiitably 
to be assessed, having regard to the ])roportions of special beneiits 
resulting to each separate piece or parcel of land beneiited, after 
deducting the payments, if any, which shall have been made uj^on 
the several lots and parcels of land. 

PcovidecL That in no assessment t»r proceeding under any of the 
provisions of this act shall the amount of any assessment upon any 
lot or piece of land exceed the amount of special benefits resulting 
to each piece or lot of land. Upon such finding the court shall 
enter an order or decree declaring the amount so found to be a valid 
lien, and assessments upon such lots or parcels of land; such order or 
decree shall be prima faGtv evidence of the regularity of all pre- 
vious proceedings necessary to the validity thereof, and all matters 
therein recited as having been heard and adjudged by said court. 
It shall be the duty of the clerk of such court to make a copy of 
such order or decree, properly certified, and file the same in the office 
of the county clerk of such count}" ; and it shall l)e the duty of the 
county clerk of such county, in the next warrant thereafter issued 
for the collection of state and county taxes in the town in which 
the property against which such decree has been entered, or any 
part thereof, is situated, to set down in a column for tliat pui-pose 
provided, opposite the several pieces and parcels of real estate in- 
cluded in such order or decree, the amount assessed upon the same 
by such order or decree ; and it shall thereupon be the duty of the 
collectors of taxes to collect said assessments, and enforce the pay- 
ment thereof in the same manner and with all the rights, power and 



autliurity that tliey have to collect state and county taxec; ; and all' 
the provisions of law in respect to the collection of state and county 
taxes, and proceedings to enforce the same which are now in force, 
or which may be hereafter enacted, so far as applicable, shall apply 
to such assessments. In proceedings under this section, either party 
on leave of the court may amend any of the proceedings upon such 
terms as the court shall deem e(]uitable ; and it shall be lawful for 
such commissioners to include in such petition all of the lots, pieces 
or parcels of land included in any assessment or assessments which 
are delinquent, whether such lots ai-e owned by one person or several 
persons, or such commissioners may pi-oceed by separate petition 
against each owner or against each separate lot or tract of land ; 
and the property may be described as the same was descril)ed in the 
original assessment, or by any subdivision wliich may have been 
made of the same subsequent to the making of such assessment. 
The proceedings herein authorized for the collection of delinquent 
assessments shall be held and construed as additional to, and not in 
limitation of, any proceedings now authorized : and such commis- 
sioners may proceed under any laws in force for the collection of 
such delinquent assessments ; and lands shall be held and considered 
as delinquent within the meaning of this act, which have not actually 
paid the amount of the assessment or assessments made on such 
lands, it being the intention hereby to authorize proceedings to 
ascertain and collect the amount or proportions which any lot, tract 
or portion of land should fairly contribute or pay toward the actual 
cost of any improvement, or purpose for which any such assessment 
or assessments shall have been or shall be made, and' to this end the 
county coui't of the proper county is hereby vested with power and 
authority to make all needful rules and orders in any pi'oceeding 
under this act, not herein provided, for the accomplishment of the 
purposes aforesaid. 

Section 9. It shall be the duty of the clerk of the county court 
to which any lots, pieces or parcels of land shall be returned as de- 
linquent for any assessment referred to in this act, after any sale shall 
have been made and the warrant for such sale shall have been re- 
turned, to make a complete list of the lots, pieces or parcels of land 
against which any such assessment shall have been set aside, or the 
collection of which shall have been suspended by appeal or other- 



10 

wise, and shall certify the same under the seal of the court, and 
deliver the same to the recorder of deeds of his county, and the 
recorder of the county shall record the same, which record shall be 
held and construed as sufficient notice to all purchasers and encum- 
brancers of the existence of such assessment for the full period of five 
years from the confirmation of the original assessment. 

Section 10. In all cases in which such board of park commis- 
sioners shall have C(»ntracted with owners of property taken or pur- 
chased for any park or ])oulevard for annual payments, and the tax 
or assessment levied to meet such payments shall not be collected or 
paid in time to meet such payments as they become due, it shall be 
lawful for such board of park commissioners to negotiate and pro- 
cure an extension of the time of payments of such contracts for such 
period as may be agreed upon by the parties, and may contract to 
pay interest from the time so extended, at a rate not exceeding eight 
per cent, per annum, payable annually, and may use and apply any 
funds under their control to pay such obligations when due, and the 
interest as the same accrues; except money raised by special assess- 
ment to build or construct sewers or improve boulevards. 

Section 11. All improvements made under the provisions of 
this act shall be done under the immediate superintendence and con- 
trol of such board of park commissioners upon contracts to be made 
with them, and all moneys collected under any proceedings author- 
ized by this act, shall be paid to such commissioners by the person 
or officer collecting the same, on the joint receipt of the treasurer 
and president of such board of park commissioners, or such other 
officers as they may designate ; except in towns or villages organ- 
ized as towns or villages, in which case the money shall be paid by 
the treasurer of such town or village to the contractor or person 
entitled to receive the same, on the order of such park commis- 
sioners. 

Section 12. Beitfurthe'/' enacted, That in cases where, by virtue 
of any act or acts heretofore passed, public parks or boulevards have 
been designated or established in two or more towns contiguous to 
each other, and where the commissioners, authorized by such act or 
acts to locate such parks or boulevards, shall desire to connect the 
same by a boulevard or pleasure-way, so as to form a contiguous im- 
provement, or shall desire to connect such park with other portions 



11 

of the park district in which such park is located, by a boulevard or 
pleasure-way, it shall and may be lawful for such commissioners to 
select and designate the line of such boulevard or pleasure-way, and 
to acquire title to the lands which may be necessary to make such 
connection by purchase or otherwise, and in case such commissioners 
cannot agree with the owner or owners, lessee or occupant of any of 
the real estate so selected, they may proceed to procure the con- 
demnation of the same in such manner as is now or may be prescribed 
by any general law for the condemnation of lands for public use ; 
and the cost and expense of acquiring title to such land shall be levied 
upon and collected by special assessment upon the property deemed 
specially benefited by the location of such boulevard or pleasure- 
way, in the same manner as the costs of other lands for parks and 
boulevards is assessed under the several acts creating such boards ; 
and such boulevards or pleasure-way shall be under the control and 
management of such park commissioners, the same as other public 
grounds by them established. 

Section 13. The said park commissioners shall annually, on or 
before the 15th day of March of each year, make a report to the 
board of auditors of their respective towns, and to the legislative 
body of the town or city in which said parks are located, and shall 
particularly set forth, in such report, the amount of money by them 
received from all sources, during the preceding year, and how the 
same has been expended. 

Section 14. iSTo member oi' such board of park commissioners 
shall be directly or indirectly interested in the purchase or sale of 
any park lands, or in any contract for the improvement of any park, 
or shall receive any compensation for personal services, except and 
only such as provided by the act creating such boards of park com- 
missioners ; and for a violation of this section, the commissioner 
offending shall forfeit his office, and the vacancy shall V)e filled in 
same manner as other vacancies. 

Section 15. Be it further enacted, that an act entitled "An act 
to enable certain corporate authorities of towns to levy a tax to 
improve public parks and boulevards, and to provide for the exten- 
sion of boulevards and regulating the duties of park commissioners, 
and limiting the period within which they may be paid salaries," 
approved June 16, 1871, be and the same is hereby repealed: Pro- 



12 

nided, that any tax levied under such act shall not he ini])airedby 
such repeal, but tlie saiiie shall lie aiul remain in full force and etJect 
as to such tax. 

8. M. CULLOM. 

Speaker of fix- House of Representiitinefi. 
JOHTs" EARLY, 

President of tlie Senate. 
Ap])roved May 2, 187^1 

JOHN L. BEVERIIX^K, 
Governor. 

I'NrrKi) States of Amp:ki(;a, / 
State or Illinois, \ ^^' 

I, (ieorge H. Harlow, Secretary of the State of Illinois, do hereby 
certify that the foregoing is a true copy of an enrolled law entitled 
''An act in regard to the- completion, improvement and manage- 
ment of public parks and boulevards, and to provide a more efficient 
remedy for the collection of deliiKpient assessments," a})proved 
May 2. 187^^), and now on tile in this office. 

In witness whereof I hereto set my hand and affix 
[seat,. I the great seal of state, at the city of S])ringtield, 
this loth day of May, A. D. 1873^ 

(IKO. II. HAKLOW, 

SeereM.u'y of State, 



LIBRftRY OF CONGRESS 

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